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Divin @ Kuttu vs State Of Kerala

High Court Of Kerala|08 December, 2014
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JUDGMENT / ORDER

Petition filed under Section 439 Cr.P.C. 2. Petitioner is the accused in Crime No.768/2014 of the Alakode Police Station registered for the offences punishable under Sections 341, 323, 324 and 308 IPC.
3. The allegation against the petitioner is that on 25.10.2014 at 6.30 p.m., he wrongfully restrained the de facto complainant and slapped him and thereafter took a granite stone and hit on his face forcibly, thereby causing serious injuries. The petitioner has been in custody for the period from 27.10.2014 onwards.
4. Heard learned counsel for the petitioner and the learned Public Prosecutor.
5. The contents of the C.D., reveal that the investigation of the case is practically over. The continued detention of the petitioner in custody is not required for the continued investigation of the case. At the same time, it has been reported that the petitioner is an accused in 3 other cases. Those cases are relating to offences under Sections 452, 323, 324 and 427 etc. and Section 118(a) of the Kerala Police Act. Having regard to the period undergone by the petitioner in custody and the present stage of investigation, I am satisfied that the petitioner can be enlarged on bail.
5. In the result, this Bail Application is allowed and the petitioner shall be enlarged on bail on his executing a bond for ₹25,000/- (Rupees twenty five thousand only) with two solvent sureties for the like sum each to the satisfaction of the concerned Judicial First Class Magistrate's Court, and subject to the following terms and conditions:-
(i) The petitioner shall report before the Investigating Officer in between 9 am and 11 am on all Thursdays and Mondays, commencing from 11.12.2014 for a period of six months.
(ii) The petitioner shall not tamper with the evidence or influence witnesses.
(iii) The petitioner shall make himself available for interrogation as and when required by the Investigating Officer.
(iv) The petitioner shall not involve in any offence while on bail.
It is made clear that the violation of any of the conditions stipulated above will result in the cancellation of bail.
Sd/-
B.KEMAL PASHA, JUDGE dl // TRUE COPY // PA to Judge
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Title

Divin @ Kuttu vs State Of Kerala

Court

High Court Of Kerala

JudgmentDate
08 December, 2014
Judges
  • B Kemal Pasha
Advocates
  • V A Satheesh Sri
  • V T
  • Madhavanunni